210 CONSTITUTION OF THE STATE OF CALIFORNIA. 
or other asylum, at public expense; nor while confined in any public 
prison. 
Sec. 5. No idiot or insane person, or person convicted of any infamous 
crime, shall be entitled to the privileges of an elector. 
Sec. 6. All elections by the people shall be by ballot. 
ARTICLE III. 
DISTRIBUTION OF POWERS. 
The powers of the government of the State of California shall be divided 
into three separate departments: the Legislature, the Executive, and Judi¬ 
cial ; and no person charged with the exercise of powers properly belonging 
to one of these departments, shall exercise any functions appertaining to either 
of the others; except in the cases hereinafter expressly directed or permitted. 
ARTICLE IY. 
LEGISLATIVE DEPARTMENT. 
Sec. 1. The legislative power of this State shall be vested in a Senate and 
Assembly, which shall be designated the Legislature of the State of California, 
and the enacting clause of every law shall be as follows: “The people of the 
State of California, represented in Senate and Assembly, do enact as follows.” 
Sec. 2. The sessions of the Legislature shall be annual, and shall commence 
on the first Monday of January, next ensuing the election of its members; 
unless the Governor of the State shall, in the interim, convene the Legislature 
by proclamation. 
Sec. 3. The members of the Assembly shall be chosen annually, by the 
qualified electors of their respective districts, on the Tuesday next after the 
first Monday in November, unless otherwise ordered by the Legislature, and 
their term of office shall be one year. 
Sec. 4. Senators and members of Assembly shall be duly qualified electors 
in the respective counties and districts which they represent. 
Sec. 5. Senators shall be chosen for the term of two years, at the same 
time and places as members of Assembly; and no person shall be a member 
of the Senate or Assembly, who has not been a citizen and inhabitant of the 
State one year, and of the county or district for which he shall be chosen, six 
months next before his election. 
Sec. 6. The number of Senators shall not be less than one-third, nor more 
than one-half of that of the members of Assembly ; and at the first session 
of the Legislature after this Constitution takes effect, the Senators shall be 
divided by lot as equally as may be, into two classes; the seats of the Sena¬ 
tors of the first class shall be vacated at the expiration of the first year, so 
that one-half shall be chosen annually. 
Sec. 7. When the number of Senators is increased, they shall be apportioned 
by lot, so as to keep the two classes as nearly equal in number as possible. 
Sec. 8. Each house shall choose its own officers, and judge of the qualifi¬ 
cations, elections, and returns of its own members. 
Sec. 9. A majority of each house shall constitute a quorum to do business; 
